Intentional Tort Mind Map Activity

Definition: The offences would include entering your premises without permission, playing loud music, creating constant noise, and using items that belong to you.

Defence of Property: Individuals can use reasonable force to eject tresspassers from their property. If the person being ejected was origanally on the property lawfully, or is a tresspasser who enterered the land peacefully, this person should be asked to leave and given the chance to do so, without force being used.

Legal Authority: People have the legal athority to tresspass on your propperty. Public officials can enter your property without consent.

Statutory Authority: Statute authorizies the activity being complained about and the nuisance created is the inevitable result of carrying out the activity, usually with government authorization.

Consent: The defence used in the tort of tresspassing property

Defintion: The person's good name and status in the community is damaged. Divided between two caterogories, which include slander and libel.

Truth: The strongest defence to slander and libel. The defendant has to prove that the statements are true, the court must balance the right to freedom of speech with the persons right to have his/her right protected. True statements can be damaging.

Fair Comment: If someone expresses a comment or personal opinion based on fact regarding a matter of public interest, ordinary citizens are entitled to give their opinions on the quality of the topic. They have to make sure that the comment is fair and made without malice.

Absolute Privileges: State officers, politicians, provincial legislators and persons participating in court or tribunals cannot be held liable for statements made about others, as long as the statements are made during legislative or court proceedings.

Qualified Privilege: Protection from liability for statements made in certain situations as long as the statements are made without malice.

Definition: The offences would include assault, battery, medical battery, false imprisonment, malicious prosecution, intentional inflictions of mental suffering and invasion of privacy.

Defences: They include Consent, Self defence and Defence of a Third Party.

Consent: We regularily agree to physical contact that without permission would be looked at as a tort. Examples are haircuts, hugs or doctor exams. Most activities are legitimate but we have to give permission, which is also know as consent.

Self-Defence: People are allowed to defend themselves in the event of either a physical attack or a threat of violence. Usign reasonable force to protect oneself against injury is called self-defence. Defendants have to prove that they were in immediate danger and that the force was neccessary to plead self-defence.

Defence of a Third Party: If someone believes that a person is in immediate danger they may use reasonable force in the defence of a third party.